KRENEK v. WANG LABORATORIES, INC.

No. 6009.

583 S.W.2d 454 (1979)

Stanley KRENEK, Individually and d/b/a Humble Yamaha, Appellant, v. WANG LABORATORIES, INC., Appellee.

Court of Civil Appeals of Texas, Waco.

Rehearing Dismissed for Want of Jurisdiction June 21, 1979.


Attorney(s) appearing for the Case

T. D. Smith, Smith & Lamm, Houston, for appellant.

Morley H. White, Morley H. White & Associates, Houston, for appellee.


HALL, Justice.

In this case the lessor of certain equipment was awarded the liquidated damages provided for in the lease agreement, after the lessee defaulted in his monthly rental payments. The main question for decision is whether the provision for liquidated damages constituted a penalty and was therefore unenforceable. We hold it was a penalty, and reverse the judgment based upon it.

Plaintiff-appellee Wang Laboratories, Inc., and defendant-appellant Stanley...

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